Nebraska Case Commentaries

Mandatory License Revocation Under § 28-905(3)(b): A New Precedent in Felony Sentencing

Date: Mar 15, 2025

Mandatory License Revocation Under § 28-905(3)(b): A New Precedent in Felony Sentencing Introduction In the case of State of Nebraska v. Detron L. Perry (318 Neb. 613), decided on March 14, 2025, the...

Lease-Termination Disputes as “Title Disputes” Divest Forcible Entry and Detainer Jurisdiction

Date: Mar 15, 2025

Lease-Termination Disputes as “Title Disputes” Divest Forcible Entry and Detainer Jurisdiction Introduction In Woodsonia Hwy 281, LLC v. American Multi-Cinema, Inc., 318 Neb. 592 (Mar. 14, 2025), the...

Mandatory Two-Year License Revocation/Impoundment for Felony “Operating a Motor Vehicle to Avoid Arrest” Under § 28-905(3)(b), Even When the Sentence Is Probation

Date: Mar 15, 2025

Mandatory Two-Year License Revocation/Impoundment for Felony “Operating a Motor Vehicle to Avoid Arrest” Under § 28-905(3)(b), Even When the Sentence Is Probation Case: State v. Perry, 318 Neb. 613...

Mandatory Two-Year License Revocation/Impoundment for Felony Avoiding Arrest Under § 28-905(3)(b) (Timing Discretion Only)

Date: Mar 15, 2025

Mandatory Two-Year License Revocation/Impoundment for Felony Avoiding Arrest Under § 28-905(3)(b) (Timing Discretion Only) Case: State v. Perry, 318 Neb. 613 (Neb. Mar. 14, 2025) Court: Supreme Court...

Assignment (Not Payment) Preserves Notes and Supports Contribution Between Cosureties Despite Judgments Against Only One Surety

Date: Mar 15, 2025

Assignment (Not Payment) Preserves Notes and Supports Contribution Between Cosureties Despite Judgments Against Only One Surety I. Introduction In re Estate of Harchelroad, 318 Neb. 573 (Mar. 14,...

Assignment of Promissory Note Rights and Equitable Contribution Among Cosureties in Estate Proceedings

Date: Mar 15, 2025

Assignment of Promissory Note Rights and Equitable Contribution Among Cosureties in Estate Proceedings Introduction The Judgment in In re Estate of Sidney B. Harchelroad, deceased, v. Carol...

Forcible Entry and Detainer Jurisdiction: Redefining the Boundaries of Title Dispute in Lease Termination

Date: Mar 15, 2025

Forcible Entry and Detainer Jurisdiction: Redefining the Boundaries of Title Dispute in Lease Termination Introduction The Supreme Court of Nebraska’s decision in Woodsonia Hwy 281, LLC, appellee, v....

Assignments to a Paying Cosurety Do Not Extinguish Notes; Judgments Against Only One Cosurety Do Not Merge Away the Other’s Liability; Contribution Runs Only Among Parties Sharing the Same U.C.C. Liability

Date: Mar 15, 2025

Assignments to a Paying Cosurety Do Not Extinguish Notes; Judgments Against Only One Cosurety Do Not Merge Away the Other’s Liability; Contribution Runs Only Among Parties Sharing the Same U.C.C....

Lease-Termination Disputes Are “Title Disputes” That Defeat Forcible Entry and Detainer Jurisdiction

Date: Mar 15, 2025

Lease-Termination Disputes Are “Title Disputes” That Defeat Forcible Entry and Detainer Jurisdiction I. Introduction Woodsonia Hwy 281, LLC v. American Multi-Cinema, Inc., 318 Neb. 592 (2025), arises...

Establishing the Balance: Admissibility of Propensity Evidence and Dual-Purpose Forensic Reports in Sexual Assault Trials

Date: Mar 11, 2025

Establishing the Balance: Admissibility of Propensity Evidence and Dual-Purpose Forensic Reports in Sexual Assault Trials Introduction The case of State of Nebraska v. Anthoney E. Swartz presents...

New Precedent: Sua Sponte Judicial Inquiry into Personal Jurisdiction at the Default Judgment Stage

Date: Mar 11, 2025

New Precedent: Sua Sponte Judicial Inquiry into Personal Jurisdiction at the Default Judgment Stage Introduction In the case of Sherrets Bruno & Vogt LLC v. Timothy E. Montoya (318 Neb. 532), the...

Finality in Probate Settlement Orders and Appellate Jurisdiction Over Personal Representative Fee Motions

Date: Feb 20, 2025

Finality in Probate Settlement Orders and Appellate Jurisdiction Over Personal Representative Fee Motions Introduction The case, In re Estate of Raymond A. Guenther, Jr., deceased. v. Raymond A....

Commencing Actions Against Deceased Parties: Limits on Revivor and the Nullity of Inceptive Complaints

Date: Feb 20, 2025

Commencing Actions Against Deceased Parties: Limits on Revivor and the Nullity of Inceptive Complaints Introduction The case of Nancy Johnson and Arld Johnson v. Giulia Antoniutti, Special...

Clarifying Ambiguities in Sentencing: Precedence of Written Orders Over Oral Pronouncements in Nebraska

Date: Feb 11, 2025

Clarifying Ambiguities in Sentencing: Precedence of Written Orders Over Oral Pronouncements in Nebraska Introduction In the case of State of Nebraska v. Brant A. Geller, 318 Neb. 441 (2025), the...

Affirmation of Effective Assistance Standards in Postconviction Relief: State of Nebraska v. Michael E. Goynes, Jr.

Date: Feb 11, 2025

Affirmation of Effective Assistance Standards in Postconviction Relief State of Nebraska v. Michael E. Goynes, Jr. (318 Neb. 413) Court: Supreme Court of Nebraska Date: February 7, 2025 Introduction...

Nebraska Supreme Court Clarifies 'Working Days' Interpretation in SORA: State v. Clausen (318 Neb. 375)

Date: Jan 31, 2025

Nebraska Supreme Court Clarifies 'Working Days' Interpretation in SORA: State v. Clausen (318 Neb. 375) Introduction In the landmark decision of State of Nebraska v. Chad R. Clausen, the Supreme...

Strict Adherence to Appellate Procedures: Insights from Peterson v. Coverdell Construction

Date: Jan 23, 2025

Strict Adherence to Appellate Procedures: Insights from Peterson v. Coverdell Construction Introduction Phillip Peterson and Jodi Peterson, the appellants, engaged Brandon Coverdell Construction,...

Affirmation of Discretionary Standards in Denying Sentencing Continuance and Ineffective Assistance Claims - State of Nebraska v. Rezac

Date: Jan 23, 2025

Affirmation of Discretionary Standards in Denying Sentencing Continuance and Ineffective Assistance Claims - State of Nebraska v. Rezac Introduction The case of State of Nebraska v. Karsen H. Rezac...

Defining Beneficiary Liability for Breach of Trust: Nebraska Supreme Court in In re Masek Family Trust

Date: Jan 15, 2025

Defining Beneficiary Liability for Breach of Trust: Nebraska Supreme Court in In re Masek Family Trust Introduction The case of In re Charles and Patricia Masek Family Trust (318 Neb. 268)...

Nebraska Supreme Court Clarifies 'Good Cause' Requirements for Unemployment Benefits in Voluntary Termination Cases

Date: Jan 15, 2025

Nebraska Supreme Court Clarifies 'Good Cause' Requirements for Unemployment Benefits in Voluntary Termination Cases Introduction The case of Matthew I. Ortega v. John Albin, Commissioner of Labor, et...